Published on June 6, 2016
1. FOR SMALL & MEDIUM BUSINESS OWNERS Employment Law Issues DANNY KING Danny King Legal NEIL PARKER BridgePoint Group NATASHA HAWKER Employee Matters A BridgePoint Group Directors’ Brieﬁng for SMEs April 2016
2. “If you end up in court something has gone terribly wrong” DANNY KING Danny King Legal EMPLOYMENT LAW INTRODUCTION COMPLIANCE WORKPLACE BEHAVIOUR POLICIES
3. SHOULD I CONSIDER AN ENTERPRISE AGREEMENT? EMPLOYERS should consider the potential beneﬁts and drawbacks BEFORE starting the process. PROS CONS • Streamline entitlements if many diﬀerent instruments apply • Control over pay grades that make sense to your business • Flexible Hours & Conditions • Can turn out to be a long and diﬃcult process • Dealing with Unions can be problematic (but this is not always the case) • If you don’t do it in your own time, the Union could start the bargaining process when you are unprepared INTRODUCTION COMPLIANCE WORKPLACE BEHAVIOUR POLICIES
4. Good Faith Bargaining If the union or employees want an enterprise agreement, you MUST follow the good faith bargaining rules from the Fair Work Act. This applies even if you do not want an enterprise agreement INTRODUCTION COMPLIANCE WORKPLACE BEHAVIOUR POLICIES
5. Getting the best deal possible THERE ARE MANY THINGS THAT GO INTO A NEGOTIATION THAT CREATE VALUE BEYOND THE FINANCIAL OUTCOME INTRODUCTION COMPLIANCE WORKPLACE BEHAVIOUR POLICIES
6. Key issues for Business in 2016 COMPLIANCE
7. Modern Awards apply, even if you pay above the award rate or more than industry competitors. The 7-Eleven story is an important modern parable: INTRODUCTION COMPLIANCE WORKPLACE BEHAVIOUR POLICIES MINIMUM WAGES APPLY TO EVERYONE, EVEN IF LOW WAGES / INDUSTRY PRACTICE IS VERY WELL ENTRENCHED
8. Minimum Wage and Entitlements • Minimum wages can be found under: • Modern Awards • Enterprise Agreements • The National Minimum Wage • Technical compliance with the following entitlements is important: • Penalties • Allowances • Overtime INTRODUCTION COMPLIANCE WORKPLACE BEHAVIOUR POLICIES
9. Accessorial Liability HR managers, company owners, payroll managers, and even lawyers and accountants can be held liable for failures to comply INTRODUCTION COMPLIANCE WORKPLACE BEHAVIOUR POLICIES FINES Companies: $54K Individuals: $10 800 per instance of breach!
10. Key issues for Business in 2016 WORKPLACE BEHAVIOUR
11. Workplace Bullying • More people are becoming aware of avenues to pursue when they are not happy at work • Complaints of bullying are on the rise, and employers should take care not to make ill-informed decisions to resolve such situations INTRODUCTION COMPLIANCE WORKPLACE BEHAVIOUR POLICIES
12. Sexual Harassment • We know that, in reality, there is still a huge amount of sexual harassment in the workplace… but only 10% make a formal complaint • Employers should be wary of a “relaxed” workplace culture, as it is only a matter of time before employees, and women in particular, become more strident in calling out poor behavior in the oﬃce/at the site. INTRODUCTION COMPLIANCE WORKPLACE BEHAVIOUR POLICIES
13. WORKPLACE BULLYING: TAKE HOME MESSAGE Employers should be PRO-ACTIVE in addressing the risk of bullying and sexual harassment through implementing POLICIES and ensuring all allegations are handled properly. INTRODUCTION COMPLIANCE WORKPLACE BEHAVIOUR POLICIES
14. Key issues for Business in 2016 POLICIES NEEDING BACKUP
15. Many employers just don’t conduct basic training… WORKPLACE TRAINING • Risk exposure is SIGNIFICANTLY reduced if you conduct training to support your policies. • Sexual harassment claims are hard to ﬁght unless you can show that eﬀort has been made to educate employees on what is and is not appropriate conduct in the workplace INTRODUCTION COMPLIANCE WORKPLACE BEHAVIOUR POLICIES
16. It’s not enough to have a policy…. Follow these steps: WORKPLACE TRAINING INTRODUCTION COMPLIANCE WORKPLACE BEHAVIOUR POLICIES 1 2 3 4 Email the policy to staﬀ so it’s on the record that they received it Provide translated versions of the policy where your workforce is non-English speaking Run a simple training session to describe the way the policy applies to employees– e.g. a TOOLBOX TALK and INDUCTION TRAINING for all new hires Keep an attendance record of those present, with the policy and all translations created on ﬁle
17. SICK LEAVE Do you have speciﬁc policy and conditions around Sick Leave entitlements? “Over 88 million days are lost to the Australia economy due to absenteeism, at a cost of $27.5 billion per annum in sick leave costs and lost productivity” 2013 Absence Management and Well-being Report. Direct Health Solutions INTRODUCTION COMPLIANCE WORKPLACE BEHAVIOUR POLICIES
18. SICK LEAVE If you can analyse sick leave & reduce the average days taken from say 10 to 7 or less… That equals massive productivity gains for ANY business. INTRODUCTION COMPLIANCE WORKPLACE BEHAVIOUR POLICIES
19. What else will make you a good employer? Corporate Philanthropy Initiatives that are visible to employees & that they can participate in. INTRODUCTION COMPLIANCE WORKPLACE BEHAVIOUR POLICIES
20. Addressing Work – Life Balance WORK-LIFE BALANCE IS NOW THE NUMBER ONE ISSUE FOR STAFF INTRODUCTION COMPLIANCE WORKPLACE BEHAVIOUR POLICIES NATASHA HAWKER Employee Matters
21. Gender Inequality WILL BE AN AREA OF FOCUS MOVING FORWARD INTRODUCTION COMPLIANCE WORKPLACE BEHAVIOUR POLICIES
22. Danny King Legal Pty Ltd www.dannykinglegal.com (02) 8068 0941 L9, 82 Elizabeth St, Sydney, 2000 QUICK REFERENCE EMPLOYMENT CARD Valid to 30 June 2016 * Check contracts and applicable Modern Awards – they may be more generous
23. QUICK REFERENCE EMPLOYMENT CARD Valid to 30 June 2016 Danny King Legal Pty Ltd www.dannykinglegal.com (02) 8068 0941 L9, 82 Elizabeth St, Sydney, 2000 HANDY FACTS & FIGURES FOR REFERENCE & INFORMATION
24. Contact us for the next steps in managing your Employment Law obligations NEIL PARKER BRIDGEPOINT GROUP DANNY KING DANNY KING LEGAL www.bridgepointgroup.com.au Ph 1300 656 141 NATASHA HAWKER EMPLOYEE MATTERS
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